Breaking his family's silence for the first time, John Midyette said his younger brother didn't get a fair shake.

"There were two sides to this thing," John Midyette said outside the Boulder County Justice Center minutes after his brother was led out in handcuffs. "I think that Alex's piece wasn't heard. It was an uphill battle."

John Midyette said his brother "would have loved to have gotten up and said what he had to say" during his trial, but his defense team advised against it.

A former Aurora police officer, John Midyette said he never noticed anything wrong with his baby nephew.

"Two days before Jason went in (to the hospital emergency room), I had him on my lap, pulling on his arms ... and I didn't know" he was critically injured, he said. "Jason was at a doctor every 5.6 days of his life -- and they never knew."

He said the family went to Boulder County Jail earlier this week to visit Alex Midyette, who told them "he loves us all and fully accepts the verdict," John Midyette said.

Still, he said, an appeal is likely.

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Robert Malsbury, one of 12 jurors to convict Midyette of criminally negligent child abuse while acquitting him of the more serious charge of child abuse resulting in death, was at the sentencing Friday. He said he wanted to see "what would transpire."

Malsbury said he only found out after the trial that Alex Midyette's wife, Molly Midyette, had been convicted on the more serious child abuse charge and sentenced to 16 years in prison. But he said it was appropriate for both parents to get the same punishment.

"I do think their sentences should be similar," said Malsbury, 64, of Denver. "They were both equally culpable."

As Malsbury listened Friday to three hours of testimony -- covering several details never discussed at trial -- he said he was glad jurors didn't know about Molly Midyette, or the theory presented by both prosecutors and defense attorneys at her trial that Alex Midyette killed their son.

"I'm glad we didn't know more," he said. "I would have liked to know more, but I think it's good to go on just the evidence."

Even if jurors had known what they know today, Malsbury said, "I don't think I'd change my mind or that the others would have either."

Prosecutor Colette Cribari said that although Alex Midyette got the maximum sentence possible for his charge, while Molly Midyette got the minimum allowable for her charge, Judge Lael Montgomery showed "no favoritism to either side."

Both parents, Cribari said, were "derelict" in their care for their child.

"We had extreme neglect going on," she said.

Addressing criticism that prosecutors dragged their feet in the case, Cribari said they had little to start with and it took time to build a case.

"It was an uphill process," she said. "The odds were against us from the start."

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"would have loved to have gotten up and said what he had to say"... his baby got to hear what he had to say and ended up dead....

he_b_gb@yahoo.com

5/16/2009 7:17:46 AM

I am having a hard time understanding what in the world anybody has to "celebrate."

just_ice

5/16/2009 8:33:30 AM

"John Midyette said his brother "would have loved to have gotten up and said what he had to say" during his trial, but his defense team advised against it."

Should have gotten a different team there buddy....

fardila@hotmail.com

5/16/2009 8:40:41 AM

I'm celebrating that a child murderer just "got his." I am celebrate because I'm astutely aware that child murderers are targeted by violent murderers and rapists in federal prisons; child killers are considered by the most dangerous criminals in the world to be the lowest of the low. I am celebrating because this animal will finally know what it is like to be a defenseless newborn in the hands of beasts. I am celebrating prison justice and honor among theives.

I am celebrating, because with any luck, biblical justice will be served. In short, I am celebrating an eye for an eye. See you in hell Alex.

BO out.

BoulderzOwn

5/16/2009 9:13:38 AM

Damn! I guess this means there won't be a public execution of this hunk of fecal matter after all.

RalphScrivener

5/16/2009 9:04:39 AM

Nice Ralph, very mature. Do you kiss your mother with that mouth?

Tonya_Miller

5/16/2009 10:22:39 AM

BO, your homosexual rape fantasies and television fueled delusions are getting the better of you again. See your therapist ... immediately.

Tonya_Miller

5/16/2009 10:23:53 AM

...let's all drink urine to celebrate.

btw, was this guy around Boulder when the Jon Benet thingie happened?

thinice

5/16/2009 10:37:47 AM

The bitter truth to this whole mess is that some people's legal "knowledge" was shown to be non-existent. "He will get a community based sentence as the judge will sentence him for a negligence crime." LMFAO!!!!

CopPete

5/16/2009 1:14:46 PM

Excellent question Tonya. Why do so many people project their homosexual prison rape fantasies ?

Quite disturbing indeed.

Would anyone tolerate rape as a form of punishment or vengeance upon women?? It's reprehensible that some "women" in these blogs have promoted or supported rape in any form, against anyone.

You people are seriously sick!

Jodie

5/17/2009 12:43:53 PM

Posted by RalphScrivener on May 16, 2009

"Damn! I guess this means there won't be a public execution of this hunk of fecal matter after all."

This from a paid Daily Camera columnist ?

Really ??

Jodie

5/17/2009 12:48:29 PM

If Jason was seriously at the doctors every 5.6 days of his life, and he lived for 11 weeks which is 77 days, that would mean that he saw a doctor roughly 13.75 times in eleven weeks. That's a lot of check ups to not have a doctor pick up on any of these issues.

Someone is not being honest or the doc was writing himself his own prescriptions and didn't notice broken bones caused by metabolic disease or abuse. Guess the doc will get sued next so the family can recoup some of their lost $$.

OvertheRainbow

5/17/2009 7:35:47 PM

"Two days before Jason went in (to the hospital emergency room), I had him on my lap, pulling on his arms ... and I didn't know" he was critically injured, he said. "Jason was at a doctor every 5.6 days of his life -- and they never knew."

PULLING ON HIS ARMS?????? WTF is this family DOING??? My God they are all abusers.

Heymom

5/17/2009 4:37:35 PM

A former Aurora police officer, John Midyette said he never noticed anything wrong with his baby nephew.

"Two days before Jason went in (to the hospital emergency room), I had him on my lap, pulling on his arms ... and I didn't know" he was critically injured, he said. "Jason was at a doctor every 5.6 days of his life -- and they never knew."

Two days before Jason was fatally abused, John was PULLING ON HIS ARMS. I am repeating the quote above, DC, so don't censor me this time! Read what he said and draw your own conclusions - do you find it ODD that he put it this way???? I sure do....